The applicant proposes to develop a two-story frame building
of approximately 4,100 square feet. The first floor would provide
retail space while the second floor would feature a two-bedroom
apartment. The project features a waterside deck of approximately
400 square feet, which ultimately may become a part of a public
seawalk along the waterfront.

BACKGROUND

General  This variance request is relative to the
parking requirement for the retail use of the proposed building.
The applicant proposes to reduce the parking from the Parking
District 2 (PD-2) standard to the Parking District 1 (PD-1)
standard. Further, the applicant proposes to provide the parking
at the Rock Dump, which is greater than 500 feet from the use.

The applicant has requested a variance for residential
parking. This issue will be addressed in separate staff reports
(VAR2000-00047 and VAR2000-00049).

Parking - The proposed project is located in the PD-2
parking district. This provision of the CBJ Land Use Code allows
the required parking to be reduced by 30 percent, in other words
the project must provide 70 percent of that normally required.
The proposed building features 2,337 square feet of retail on the
first floor and a shared utility room on the second floor. The
parking requirement for the retail portion of the proposed
building is as follows:

The applicant requests that the parking requirement be reduced
to the PD-1 standard, which allows the number of spaces to be
reduced by 60 percent, in other words the project must provide 40
percent of that normally required. In 1996 CDD performed a
cursory survey of businesses that serve primarily customers
arriving by cruise ships (attached). It was found that the
parking demand was generally for the employees. This demand
coincidentally equates to that required under the PD-1 standard.
Based on the PD-1 standard the parking requirement for the retail
portion of the subject building is as follows:

Distance to Parking  The Land Use Code requires
parking for commercial uses to be on the site of the development
or within 500 feet of the site. The applicant proposes to provide
the required parking on a lot at the Rock Dump, which is
approximately 6,200 feet from the site. The applicants
proposal is to serve the remote lot by a shuttle van.

Richard Stone, partner in two downtown buildings, which
provide a remote parking lot at the Rock Dump served by a
shuttle, commented that it is not being used as anticipated. He
indicated that he has made tenants aware of the service, that he
has a vehicle available for the shuttle, it is insured, is
scheduled to be on call during peak periods and hourly
thereafter. He believes he has made a good faith effort to inform
tenants in an attempt to meet the provisions of the variance
granted to him.

The applicant proposes a remote parking and shuttle system
similar to Mr. Stones. The applicant would lease parking
spaces at the Timberwolf Enterprises warehouse located at the
Rock Dump. There is adequate space on the warehouse site to
accommodate the required parking for the proposed building and
the existing warehouse/office use. When an employee arrives at
the remote parking lot they would have a location in the building
to wait for the shuttle. The shuttle would be operated during
hours that the business is open. The shuttle would operate to
coincide with peak employee arrivals and at shift changes and be
on call at other times to serve emergency trips.

A loading zone at a nearby business (Timberwolf Gifts) located
on the deck behind the Warners Wharf building would provide
a convenient off-street drop-off/pick-up location for the shuttle
vehicle. Additionally, the applicant has indicated that employee
rules would require those who drive to work utilize the remote
parking and shuttle service.

ANALYSIS

Park and Shuttle

Based on discussion with other property owners with park and
shuttle arrangements it is clear that the program in not being
utilized as anticipated. The primary difference between the
applicants proposal and others is that this is a single
tenant building operated by the applicant who is willing to
require his employees to utilize the remote parking and shuttle
service. Given this commitment, the program may have a better
chance of being successful. While the applicant proposes to
require employees who drive to work to utilize the system this
may be difficult to monitor and enforce. These factors cause
concern that the proposed park and shuttle system may not be
utilized. Once approved by the Commission, it would be virtually
impossible to go back and require an alternative solution to the
parking situation if the system did not work.

Thus the dilemma: If the system works it would be beneficial
to solving some of the downtown parking problem, however, if the
system doesnt work it would exacerbate the overall parking
situation downtown. With the "will it work", or
"will it not work" dilemma in mind, the following
analysis is presented.

Hardship and Practical Difficulty

The CBJ Land Use Code at Section 49.20.250 (b) provides that
where hardship and practical difficulties result from an
extraordinary situation or unique physical feature affecting only
a specific parcel of property or structures lawfully existing
thereon and render it difficult to carry out the provisions of
Title 49, the Board of Adjustment may grant a variance in harmony
with the general purpose and intent of Title 49. A variance may
vary any requirement or regulation of Title 49 concerning
dimensional and other design standards, but not those concerning
the use of land or structures, housing density, lot coverage, or
those establishing construction standards. The variance may be
granted upon meeting the criteria of variance requirements as
analyzed below.

The proposed building would be located on a site, which is a
combination of tidelands and uplands. While it is true that this
is not the only such site in the vicinity, relative to the
available land for development in Juneau tideland sites are few
and present unique construction challenges. The costs of
developing the site for any development are substantially greater
on such a site. In addition, this site is narrow, only 20 feet,
and long which further limits development options.

Given these limitations it appears that the subject site would
meet the first test of the variance provision that a hardship and
practical difficulty exists. Specific variance criteria are
addressed in the following section of this report.

Variance Requirements

In accordance with CBJ?49.20.250 (b), a variance may be
granted after the prescribed hearing and after the Board of
Adjustment has determined:

1. That the relaxation applied for or a
lesser relaxation specified by the Board of
Adjustment would give substantial relief to the
owner of the property involved and be more
consistent with justice to other property owners.

Number
of Parking Spaces - The proposed use is
retail targeted primarily to the cruise ship
market but is located in PD-2. Other similar uses
in the downtown area are located in the PD-1.
Based on a CDD survey it appears that the parking
demand for retail businesses catering to cruise
ship passengers is primarily that of the
employees which is equivalent to the PD-1
standard.

Based on the parking demand study, it appears
that the relaxation applied for by the applicant
would give substantial relief to the owner of the
property and be consistent with justice to other
property owners.

Thus, criterion 1 is met for reducing the number of parking
spaces.

Distance to Parking - The proposed
building as designed would occupy the entire site
and there appears to be no readily available
property within 500 feet of the project. Further,
it appears there is no readily available property
for parking significantly less distance from the
site than that of the Rock Dump.

The
relaxation applied for by the applicant would
give substantial relief. Given that there is no
identifiable property for parking less distance
from the site than the Rock Dump there is no
lessor a relaxation that would give substantial
relief to the owner of the property and be more
consistent with justice to other property owners.

Thus, criterion 1 is met for increasing the distance to
parking.

2. That relief can be granted in such a
fashion that the intent of this title will be
observed and the public safety and welfare be
preserved.

The CBJ Land Use Code
provides a statement of intent for the title at
CBJ 49.05.100. In summary, the purposes that
apply to this request intend to ensure that
future growth and development in the City and
Borough are in accord with the values of its
residents; to identify and secure, for present
and future residents, the beneficial impacts of
growth while minimizing the negative impacts; to
ensure that development is the appropriate type,
design and location; and to recognize the
economic value of land and encourage its proper
and beneficial use.

Number of Parking Spaces - The variance
to reduce the number of parking spaces is
consistent with demonstrated demand for downtown
businesses catering to the cruise industry. There
have been no safety issues identified as a result
of reducing the number of parking spaces for the
proposed building. After reviewing the
application materials and the intent of this
title it appears that the variance request could
be granted in such a fashion that the intent of
this title will be observed and the public safety
and welfare be preserved.

Thus, criterion 2 is met for reducing the number of parking
spaces.

Distance to Parking - The variance to
increase the distance to parking to allow use of
a remote parking lot at the Rock Dump served by a
shuttle may be a viable solution if it is
utilized on a regular and on-going basis. There
have been no safety issues identified as
employees would park in one location and be
transported to the business site in a shuttle
vehicle. Therefore, if the park and shuttle
system is utilized the variance can be granted
such a fashion that the intent of this title will
be observed and the public safety and welfare be
preserved.

Thus, criterion 2 would be met for increasing the distance to
parking if the park and shuttle system is successful.

However, if the park and shuttle system is not
utilized granting the variance would not be in
accordance with the values of CBJ residents and
would result in negative impacts of growth.
Further, employees may park in various locations
throughout the neighborhood which could cause
safety issues while travelling from parking to
the site of the business. Under these
circumstances, granting the variance would not
observe the intent of this title and the public
safety and welfare would not be preserved.

Thus, criterion 2 would not be met for increasing the distance
to parking if the park and shuttle system is not successful.

3. That the authorization of the variance
will not injure nearby property.

Number
of Parking Spaces  The proposal to
reduce the number of parking spaces for the
retail use which is targeted primarily to the
cruise ship passengers is consistent with demand
of other businesses in the area of the proposed
building. No evidence is apparent that granting
the requested variance to reduce the number of
parking to the PD-1 standard would injure nearby
property. Thus, criterion 3 is met for reducing
the number of parking spaces to the PD-1
standard.

Distance to Parking - If the park and
shuttle system is successful it would seem that
no injury would occur to nearby properties as
those utilizing the system would park out of the
area.

Thus, criterion 3 would be met for distance to parking if the
park and shuttle system were successful.

However, if the park and shuttle system were not
successful the impact would be to exacerbate the
existing pressure on the limited parking options
available in the downtown and would cause injury
to nearby properties.

Thus, criterion 3 would not be met for distance to parking if
the park and shuttle system were not successful.

4. That the variance does not authorize
uses not allowed in the district involved.

Number
of Parking Spaces / Distance to Parking -
Granting of the requested variances would not
authorize used not allowed in the Waterfront
Commercial zoning district.

Thus, criterion 4 is met for reducing the number of parking
spaces and increasing the distance to parking.

5. That compliance with the existing
standards would:

(A) Unreasonably prevent
the owner from using the property
for a permissible principal use;

Number of Parking Spaces / Distance to
Parking - The proposed project of retail
space is allowed in the WC, Waterfront Commercial
zoning district subject to approval of a
conditional use permit approved by the Planning
Commission. There are design options that may
allow a permissible use on the property along
with the required parking. These might include
elevating portions of the building to accommodate
parking or to reduce the size of the building to
allow parking on the lot. Other permissible uses
that might require less parking may be
accommodated on the site

Thus, sub-criterion (A) is not met for
reducing the number of parking spaces or
increasing the distance to parking.

(B) Unreasonably prevent
the owner from using the property
in a manner which is consistent
as to scale, amenities,
appearance or features, with
existing development in the
neighborhood of the subject
property;

Number of Parking Spaces - Other
development in the neighborhood of the proposed
project are retail, office, and residential uses.
Generally the retail uses cater to cruise ship
clientele. Some of the neighboring buildings were
constructed in the past when parking was not
required, some received variances to the number
of parking spaces to the PD-1 standard, and
others are in the PD-1 district. Additionally, a
survey of demand for similar uses revealed that
the PD-1 standard is a reasonable requirement for
downtown buildings. Given these facts, requiring
the applicant to provide the number of parking
spaces of the PD-2 district would seem to
unreasonably prevent the owner from using the
property in a manner which is consistent as to
scale, amenities, appearance or features, with
existing development in the neighborhood.

Thus, sub-criterion (B) is met for reducing the number of
parking spaces.

Distance to Parking - The downtown area,
particularly along South Franklin Street, is a
mix of various sized single and multiple level
buildings. Most do not provide on-site parking.
Some were constructed in the past when parking
was not required, some received variances to the
number of parking spaces and the distance to
parking. Others have provided parking off-site at
the Rock Dump or on lots along Gastineau Avenue.

The
mass and scale of the proposed building is
similar to others in the area. There are few
options available to develop the proposed
building with on-site parking. There is however
an option to provide the parking at the Rock Dump
which is approximately 6,000 feet from the site.
Given these circumstances it appears that
compliance with existing standards would
unreasonably prevent the owner from using the
property in a manner, which is consistent as to
scale, amenities, appearance or features, with
existing development in the neighborhood.

Thus, sub-criterion (B) is met for increasing the distance to
parking.

(C) Be unnecessarily
burdensome because unique
physical features of the property
render compliance with the
standards unreasonably expensive;

Number of Parking Spaces / Distance to
Parking - The subject parcel is narrow and
long which limits development options. The width
is such that any parking provided on the lot
would have difficulty turning around on the site.
Therefore, parking would likely need to back out
onto Franklin Street. Back out parking for
commercial uses is not allowed by the Land Use
Code. Further, this parcel features unfilled
tidelands which must be developed with piling and
deck structures. Given these situations it
appears that there are unique physical features
of the property that render compliance with the
standards unreasonably expensive.

Thus, sub-criterion (C) is met for number of parking spaces
and for increasing the distance to parking.

or

(D) Because of pre-existing
nonconforming conditions on the
subject parcel the grant of the
variance would not result in a
net decrease in overall
compliance with the Land Use
Code, CBJ Title 49, or the
Building Code, CBJ Title 19, or
both.

Number of Parking Spaces / Distance to
Parking - There are no pre-existing
nonconforming conditions on the subject parcel.

Thus, sub-criterion (D) does not apply.

Number of Parking Spaces and Distance
to Parking - Criterion 5 is met because
Sub-Criterion (B) and (C) are met for reducing
the number of parking spaces and for increasing
the distance to parking.

6. That a grant
of the variance would result in more benefits
than detriments to the neighborhood.

Number of Parking Spaces - Based on the
survey performed by CDD of uses similar to the
proposed project, the reduction of the number of
parking spaces to that of the PD-1 would not seem
to pose any detriments to the neighborhood. The
benefits to the neighborhood would include the
development of a viable business on a currently
vacant parcel. Therefore there would be more
benefits than determents as a result of granting
the requested variance.

Thus, criterion 6 is met for reducing the number of parking
spaces.

Distance to Parking - If the variance to
allow parking at the Rock Dump is granted and the
park shuttle system is successful there would be
no apparent detriment to the neighborhood. The
benefit to the neighborhood would include the
development of a viable business on a currently
vacant parcel. Therefore there would be more
benefits than determents as a result of granting
the requested variance provided that the remote
parking and shuttle system is successful.

Thus, criterion 6 would be met for increasing the distance to
parking if the park and shuttle system is successful.

However, if the park and shuttle system were not
successful the detriment to the neighboring area
would be increased congestion and increased
pressure on an already limited parking supply.
While the benefit to the neighborhood would
include the development of a viable business on a
currently vacant parcel, the lack of adequate
parking is seen as a serious detriment, which
would only make the current downtown parking
situation worse. Therefore, there would not be
more benefits than determents as a result of
granting the requested variance.

Thus, criterion 6 would not be met for increasing the distance
to parking if the park and shuttle system is not successful.

JUNEAU COASTAL MANAGEMENT PROGRAM

A review of the JCMP reveled that no enforceable policies
apply to the project as a result of the requested variance.

FINDINGS

CBJ?49.20.240, Board of Adjustment Action, states that the
Board of Adjustment shall hear all variance requests and shall
either approve, conditionally approve, modify or deny the request
based on the criteria in CBJ?49.20.250.

Under CBJ?49.20.220, Scheduling and Fee, the director makes
the following determination:

1. Is the application for the requested
variance complete?

Yes. The application contains the information necessary
to conduct a full review of the requested variance. The
application submittal by the applicant, including the appropriate
fees, substantially conform to the requirements of CBJ code
Chapters 49.15. Additionally, notice was provided in the Juneau
Empire under Your Municipality, which ran on February 2, 2001. A
notice was mailed to owners of record of all property within 500
feet of the subject property.

Under CBJ?49.70.900 (b)(3), General Provisions, the
director makes the following Juneau Coastal Management Program
consistency determination:

2. Will the proposed development comply
with the Juneau Coastal Management Program?

Not
Applicable. No enforceable policies of the
JCMP apply as related to the requested variance.

3. Does the variance as requested, meet
the criteria of Section 49.20.250 Grounds for
variances?

Number of Parking Spaces - Yes.
Based on the above analysis the requested
variance meets the Grounds for Variance criteria
contained in the Land Use Code.

Distance to Parking  If shuttle is
successful - Yes. Based on the above
analysis the requested variance meets the Grounds
for Variance criteria contained in the Land Use
Code.

Distance to Parking  If shuttle is
not successful - No. Based on the
above analysis the requested variance does not
meet the Grounds for Variance criteria contained
in the Land Use Code. Specifically Criteria 2, 3,
and 6 are not met.

RECOMMENDATION

Number of Parking Spaces - It is recommended that the
Board of Adjustment adopt the director's analysis and findings
and grant the requested variance to reduce the parking
requirement to the PD-1 standard. The variance would allow the
development of a building for retail use and calculating the
required parking at the PD-1 standard.

Distance to Parking - It is recommended that the Board
of Adjustment adopt the director's analysis and findings and deny
the requested variance because there is evidence that past
efforts to utilize a park/shuttle program for retail uses on
South Franklin Street have not been successful. Further, the
requested variance does not meet the criteria of 49.20.250 (b)
Grounds for Variance.

The Board of Adjustment, after its public hearing, may
determine that the proposed park/shuttle program will be
successful and that the variance request as applied for by the
owner meets the criteria of 49.20.250 (b) Grounds for Variance,
then it is recommended that the following conditions be included
in the variance approval:

1. The applicant shall ensure that all employees
who drive to work use the remote parking lot at
the Timberwolf Enterprises warehouse site at the
Rock Dump.

a. Prior to issuance of a
temporary or permanent
certificate of occupancy (which
ever comes first) for the
building, the owner shall submit
to the Community Development
Department proof of ownership and
insurance of a vehicle type which
would serve to shuttle employees
between the remote parking lot at
the Rock Dump and the proposed
building. The shuttle vehicle
shall be operated to serve the
proposed building for a minimum
of 30 years.

b. Prior to
issuance of a temporary or
permanent certificate of
occupancy (which ever comes
first) for the building, the
owner shall submit to the
Community Development Department
a copy of employee rules which
specifies that all employees who
drive to work must utilize the
remote parking lot at the Rock
Dump.

c. Prior to issuance of a
temporary or permanent
certificate of occupancy (which
ever comes first) for the
building, the owner shall submit
to the Community Development
Department a lease agreement for
a minimum of 30 years for use of
the required number of parking
spaces at the Timberwolf
warehouse site at the Rock Dump.

d. Prior to issuance of a
temporary or permanent
certificate of occupancy (which
ever comes first) for the
building, the applicant shall
cause a deed restriction to be
recorded with the state recorder
for the Timberwolf Enterprises
parcel at the Rock Dump to
provide the required number of
parking spaces for exclusive use
for occupants of the proposed
building.

2. Commencing with the occupancy of the
building, the owner shall submit to the Community
Development Department, on a form approved by the
Community Development Department, at the end of
each month that the building is open and
operational, for a period of five years, a log
record of those employees who utilize the parking
lot at the Rock Dump and shuttle. This record
shall indicate the total number of employees and
identify which of those drive to work and those
who arrive by other means.

3. Prior to issuance of a building permit, the
applicant shall submit to CDD an accurately
scaled parking lot plan for the remote parking
lot at the Rock Dump and identifying the required
number of parking space reserved for the proposed
building.

If at some time in the future the City and Borough of
Juneau or a private party implement other mechanisms for
fulfilling parking requirements, then the Community
Development director may authorize the applicant to
participate in such program.

The applicant shall ensure that a shuttle parking space
is provided at the Timberwolf Gift location, which is a
reasonable distance from the proposed building.

Prior to issuance of a temporary or permanent certificate
of occupancy (which ever comes first) for the building,
the applicant shall submit to the Community Development
Department a lease agreement for a minimum of 30 years
for use of a shuttle parking space at the Timberwolf Gift
location at Werners Wharf.

b. Prior to issuance of a temporary or permanent certificate
of occupancy (which ever comes first) for the building, the
applicant shall cause a deed restriction to be recorded with the
state recorder for the Timberwolf Gift location at Werners
Wharf to provide the required parking space for use by the
shuttle vehicle.